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Thanks guys, i was able to get a decent nights rest yesterday knowing you guys are all willing to help me get threw this. I will do as much reading as i can and try to learn as much as i can to help make this easier for all of us. Thank You so much for helping me out.

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Thanks for coming in to hlep me Seadragon. Yes i did send the other side a copy of my answer and they send me back the packet i talk about in the first few posts. As far as the BOP i have not sent it out yet becuase a few people who commented that it wont do much so i was going to send Production of Documents. If you guys feel i need a BOP i can send that out as well.

 

 

I usually recommend sending a BOP right away.  The reason is that JDB's typically object or send you very little and say they are asking the OC for more.  If you get nothing but objections or very little in the way of relevant documents, it helps YOU to object to whatever discovery they send your way.

 

But your plaintiff has produced what would be deemed an adequate response to a BOP already.  So it doesn't make a lot of sense to send a BOP and have the plaintiff respond with what it has already given you.  That is why I recommended a single RFP seeking the purchase agreement.  Plaintiff will not want to give that to you  but it will not have a good reason for refusing.  An order from the Court requiring its production might just get the case dismissed.

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A couple of little typos. 

 

1. The Purchase and Sales Agreement between ABSOLUTE RESOLUTIONS CORP AND GCFS, Inc DBA GREATER CALIFORNIA FINANCIAL SERVICES, dated MAY 03, 2012, and referenced in the first paragraph of the  “AFFIDAVIT OF SALE AND BALANCE’ singed by MARK NAIMAN on MARCH 25TH 2014.

 

Also, the reference to the CCP section in the preamble should be "2031.210 et. seq." instead of "CCP §§2031 (g), (h) and (i)" .

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Done ill make the changes and send this out ASAP. You know  guys I was looking at the transactions on the bank statements that they sent me and I realized that there is are no charges on the account other then transfer back and forth from a checking account that was I never recall having. There is no purchase, nothing ever charged, the very first statement (meaning the oldest) that they sent me as a transfer from another credit card account I had with Wells Fargo that had fraud on.  Do you think I should argue that point as well? Maybe an affidavit of fraud and a police report?      

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Sammy,

 

I was going to suggest you look at the statements very closely once we got you pointed in the right direction.  So it is good that you have taken a very close look at these statements.

 

I will say an Identity Theft/Fraud report will stop the case dead in its tracks in most cases.  But you also shouldn't do this on a hunch either.  You need to do some research of your own personal documents to see if you have anything to support the claim of Identy Theft/Fraud.  This might include documents from other creditors or banks that you dealt with at the time in question.

 

So before you make this claim, you want to be fairly certain, and would be nice to have another source of information.  Possibly a copy of your credit report that might show you reported this at the time....

 

So I would do a little internal investiagion of my personal records and see what you have or can come up with.  Then make a determination.  You will certainly need to file a police report and file an affidavit of identy theft/ fraud.  Many jusrisdictions have a form you complete or you may find one on the CFPB website if needed.

 

In answer to your question about speaking with the otherside I would wait.  They will simply want to know how you would like to pay the debt and what is your checking account number so we can start drafting money.  At this point keep speaking via written documents and court filings.  You are doing pretty well, you have answer filed, so know default judgement.  You have a big hole with Bill of Sale chain of assignment and are about to ask them for a document that they don't want to provide and will fight like mad dogs to keep out of court.

 

And today you come to realize this maybe an account that was identiy theft.

 

Long story short, you have not spoken yet and no need to.  By the way you got a good nights rest last night life is getting better!!!

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Sammy,

 

I was going to suggest you look at the statements very closely once we got you pointed in the right direction.  So it is good that you have taken a very close look at these statements.

 

I will say an Identity Theft/Fraud report will stop the case dead in its tracks in most cases.  But you also shouldn't do this on a hunch either.  You need to do some research of your own personal documents to see if you have anything to support the claim of Identy Theft/Fraud.  This might include documents from other creditors or banks that you dealt with at the time in question.

 

So before you make this claim, you want to be fairly certain, and would be nice to have another source of information.  Possibly a copy of your credit report that might show you reported this at the time....

 

So I would do a little internal investiagion of my personal records and see what you have or can come up with.  Then make a determination.  You will certainly need to file a police report and file an affidavit of identy theft/ fraud.  Many jusrisdictions have a form you complete or you may find one on the CFPB website if needed.

 

In answer to your question about speaking with the otherside I would wait.  They will simply want to know how you would like to pay the debt and what is your checking account number so we can start drafting money.  At this point keep speaking via written documents and court filings.  You are doing pretty well, you have answer filed, so know default judgement.  You have a big hole with Bill of Sale chain of assignment and are about to ask them for a document that they don't want to provide and will fight like mad dogs to keep out of court.

 

And today you come to realize this maybe an account that was identiy theft.

 

Long story short, you have not spoken yet and no need to.  By the way you got a good nights rest last night life is getting better!!!

 

Thanks Friend, you’re a lifesaver. I really need you words of encouragement at this point. I went through all my documents and I can’t find a single thing in re to this credit card to begin with. I think I’m better off fighting this guys the correct way, at his own game then taking the chance being wrong and creating a bigger problem than I would be solving.  With the help of this team, I would like to continue to fight!!  

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Something like:

 

"The Purchase and Sale Agreement between _________ and _________, dated _________, and referenced in the first paragraph of the Affidavit _______, signed by____________ on  _______________ (date)."

 

 

 

You can always ask for additional documents in another set of requests, if you really want to.  The document being suggested will require a motion to compel and you're much better off doing that motion for one request than for several.

 

 

I usually recommend sending a BOP right away.  The reason is that JDB's typically object or send you very little and say they are asking the OC for more.  If you get nothing but objections or very little in the way of relevant documents, it helps YOU to object to whatever discovery they send your way.

 

But your plaintiff has produced what would be deemed an adequate response to a BOP already.  So it doesn't make a lot of sense to send a BOP and have the plaintiff respond with what it has already given you.  That is why I recommended a single RFP seeking the purchase agreement.  Plaintiff will not want to give that to you  but it will not have a good reason for refusing.  An order from the Court requiring its production might just get the case dismissed.

 

Good Morning everyone,

                I have attached a statement that shows a transfer for $8,xxx from account ending in 6075 next to the amount as a description.  On top there is a “important information” showing Item was transferred from lost/stolen account.  How would I be able to request more information about this in my RFP? Does this make sense? Statment showing trasfer from another card.pdf

 

2. All DOUCMENTS constituting statements of accounts (account number of old account were transfer was done from) showing all credits and payments and transfers from Lost/Stolen account as referenced on page 2 of 2 of “BANK STATMENT”  for account number (xxx-xxx-xxx-0887)with  “CLSOEING DATE 08/14/2009”  Section titled “IMPORTANT INFORMATION ITEM WAS TRASFERRED FROM LOST/STOLEN ACCOUNT”

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Sammy,

I think these 2 questions are fine, get the document sent so the clock starts ticking.

I have attached a document that should be useful in helping you and others understand how you will defend your case. It is somewhat general, but does have enough specificty to apply to your case and documents you have already recieved.

It was written by a California Attorney, which is good becasue you are from CA.

2011SRL5eRooney.pdf

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Sammy,

I think these 2 questions are fine, get the document sent so the clock starts ticking.

I have attached a document that should be useful in helping you and others understand how you will defend your case. It is somewhat general, but does have enough specificty to apply to your case and documents you have already recieved.

It was written by a California Attorney, which is good becasue you are from CA.

WOo this is some powerfull information, i cant wait to jump threw this again. Thanks

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GCFS have very aggressive attorneys who just love to intimidate debtors but absolutely hate it when you actually start fighting them. One of them is very narcisstic and has an utmost contempt for pro per defendants who even dare to challenge his mighty omnipresence and omnipotence. But since they are extremely aggravating, they'll awake the defensive instincts in you pretty quickly, which is good.

 

They are fond of trying to nail you before the trial, and their favorite route is:

 

They send you their requests for admission, hoping you don't respond

If you don't respond or respond incorrectly, they'll file a Motion to Deem Facts Admitted

If they prevail at the Motion hearing, then they will try to get you with a motion for summary judgment.

 

Search for posts here containing "GCFS". Shelbie had a good post, and so did Rivertime who beat their MSJ and then beat them at trial. They actually had to pay his costs ::celebrate::

 

I fought GCFS for a long time, but since I had 3 more creditors going after me at the same time, I eventually escaped into Chapter 7 BK. But, if  I weren't also in a bad pre-foreclosure situation, I probably would not have done chap 7 and would have kept fighting them to the bitter end.

 

If I were to do this all over again, I'd go on an attack early and start hitting them with BOP 1st, then some form rogs, then RPD's then RFA's. Tailor to the affidavits, bills of sale and other stuff they're sending you. Make sure you don't go over the limit that discovery rules impose for limited civil  http://ceb.com/H2G/ConductDiscovery-LtdCivilCase/docs/link1.htm. Some people here suggest serving discovery in piecemeal increments, serving many sets. You'll make them work more that way, and hopefully they give up.

 

These GCFS attorneys do seem like a bunch of pittbulls latched to trespassers' buttocks, but some people here have beat them. Your best sources of help are: CaLawyer, SeaDragon, ASTMedic, Anon Amos, HomelessInCalifornia...

 

There are far more knowledgeable members here than I am, but I've tried to give you an idea of how GCFS fights, and they're sure relentless. But, don't be discouraged.

 

Good luck!!

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Thanks for the tipe, Chapter 7 is always an option if all else fails, ill try and see how far i can push them and see what happens.

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FYI I WON THIS THING! They droped the case!

Thanks you everyones support we put this guys out! Special  Thanks to CALawyer, Skippy, Seadragon, and all my other friends.

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I don't usually read CA threads, but I am glad I saw yours.  WAY TO GO!  OP's are fortunate that there are a lot of very knowledgeable and patient  CA members here to help them.

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Wow.  I am so happy for you.  Did you receive a Request for Dismissal in the mail?

 

If so, you are entitled to your costs.  That may only be the filing fee, but it will still buy you a couple of nice dinners somewhere.  On them!

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Sammy,

I think these 2 questions are fine, get the document sent so the clock starts ticking.

I have attached a document that should be useful in helping you and others understand how you will defend your case. It is somewhat general, but does have enough specificty to apply to your case and documents you have already recieved.

It was written by a California Attorney, which is good becasue you are from CA.

Hey, @skippy1960.  Do you still have this document?  When I try to download it, a page opens saying that it's not available.  Thanks!

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